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United States Court of Appeals
FIFTH CIRCUIT
OFFICE OF THE CLERK
LYLE W. CAYCE
CLERK
TEL. 504-310-7700
600 S. MAESTRI PLAC...
notify us and we will start the briefing schedule. 5TH CIR. R. 31.4
and the Internal Operating Procedures following rules ...
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
_____________________________________...
/s/ Kyle R. Freeny
KYLE R. FREENY (Cal. Bar No. 247857)
Attorney-in-Charge
HECTOR G. BLADUELL
BRADLEY H. COHEN
ADAM D. KIR...
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Notice of Appeal has been
delivered ...
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Texas et al v. USA et al, notice of appeal (2-23-15 5th cir.) acknowledged

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Adminitrartion's Notice of Appeal against the Injunction has been rec'd and acknowledged by the 5th Circuit.

Published in: News & Politics
  • http://dockets.justia.com/docket/texas/txsdce/1:2014cv00254/1225586 go here and there is a PACER link.
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Texas et al v. USA et al, notice of appeal (2-23-15 5th cir.) acknowledged

  1. 1. United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK LYLE W. CAYCE CLERK TEL. 504-310-7700 600 S. MAESTRI PLACE NEW ORLEANS, LA 70130 February 23, 2015 Mr. Kyle R. Freeny U.S. Department of Justice Civil Division P.O. Box 883 Washington, DC 20044-0000 No. 15-40238 State of Texas, et al v. USA, et al USDC No. 1:14-CV-254 Dear Mr. Freeny, We have docketed the appeal and ask you to use the case number above in future inquiries. Filings in this court are governed strictly by the Federal Rules of Appellate Procedure. We cannot accept motions submitted under the Federal Rules of Civil Procedure. We can address only those documents the court directs you to file, or proper motions filed in support of the appeal. See FED R. APP. P. and 5TH CIR. R. 27 for guidance. Documents not authorized by these rules will not be acknowledged or acted upon. You must first complete a transcript order form that can be found on our website www.ca5.uscourts.gov. You are required to electronically file the form through the 5th Circuit electronic filing system, even if you have already done so with the district court. (Pro Se litigants must mail in a completed copy, unless otherwise advised.) When completed, this meets your obligation to order the necessary portion(s) of the court reporter's transcript, see FED R. APP. P. 10(b). Second, you must make financial arrangements with the court reporter to pay for the transcript. If you are pro se and unable to afford payment, you must file a motion with the district court requesting a transcript at government expense, and notify this court of the filing. We will then coordinate with the court reporter for a time to file the transcript. The court reporter should contact you directly if an extension of time is granted to file the transcript. If you do not order or make arrangements to pay for the transcript within 15 days, we will dismiss your appeal without further notice, unless the case is a criminal appeal and you are proceeding In Forma Pauperis, see 5TH CIR. R. 42.3. We will provide you information about the briefing schedule of this appeal at a later date. If a transcript is unnecessary, Case: 15-40238 Document: 00512945340 Page: 1 Date Filed: 02/23/2015
  2. 2. notify us and we will start the briefing schedule. 5TH CIR. R. 31.4 and the Internal Operating Procedures following rules 27 and 31 state that except in the most extraordinary circumstances, the maximum extension for filing briefs is 30 days in criminal cases and 40 days in civil cases. To receive the record for preparing your brief, counsel, including CJA attorneys, must provide the appropriate district court with a United Parcel Service, or similar commercial delivery service, account number. If you wish to receive exhibits, you must specifically request them. The district court will charge your account for shipping you the record on appeal. In the alternative, you may contact a local courier or attorney support services firm to pick up the record and ship it to you. CJA counsel may add these shipping fees to their vouchers. All counsel who desire to appear in this case must electronically file a "Form for Appearance of Counsel" naming all parties represented within 14 days from this date, see FED R. APP. P. 12(b) and 5TH CIR. R. 12. This form is available on our website www.ca5.uscourts.gov. Failure to electronically file this form will result in removing your name from our docket. Pro se parties are not required to file appearance forms. ATTENTION ATTORNEYS: Attorneys are required to be a member of the Fifth Circuit Bar and to register for Electronic Case Filing. The "Application and Oath for Admission" form can be printed or downloaded from the Fifth Circuit's website, www.ca5.uscourts.gov. Information on Electronic Case Filing is available at www.ca5.uscourts.gov/cmecf/. Sincerely, LYLE W. CAYCE, Clerk By: _________________________ Amanda Sutton-Foy, Deputy Clerk 504-310-7670 cc: Mr. David J. Bradley Mr. Andrew S. Oldham Case: 15-40238 Document: 00512945340 Page: 2 Date Filed: 02/23/2015
  3. 3. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION __________________________________________ ) STATE OF TEXAS, et al. ) ) Plaintiffs, ) ) No. 1:14-cv-254 v. ) ) UNITED STATES OF AMERICA, et al. ) ) Defendants. ) __________________________________________) NOTICE OF APPEAL PLEASE TAKE NOTICE that Defendants United States of America; Jeh Johnson, Secretary of Homeland Security; Gil Kerlikowske, Commissioner of U.S. Customs and Border Protection; Ronald D. Vitiello, Deputy Chief of U.S. Border Patrol, U.S. Customs and Border Protection; Sarah R. Saldaña, Acting Director of U.S. Immigration and Customs Enforcement1 ; and León Rodríguez, Director of U.S. Citizenship and Immigration Services, hereby appeal to the United States Court of Appeals for the Fifth Circuit from the Court’s Opinion and Order of February 17, 2015 [ECF Nos. 144 & 145] granting a preliminary injunction in this matter. Dated: February 23, 2015 Respectfully submitted, KENNETH MAGIDSON United States Attorney DANIEL DAVID HU Assistant United States Attorney Deputy Chief, Civil Division JOYCE R. BRANDA Acting Assistant Attorney General KATHLEEN R. HARTNETT Deputy Assistant Attorney General DIANE KELLEHER Assistant Branch Director 1 Ms. Saldaña is substituted for her predecessor, Thomas S. Winkowski (former Acting Director of U.S. Immigration and Customs Enforcement), as a defendant in this action pursuant to Fed. R. Civ. Proc. 25(d)(1). -1- Case 1:14-cv-00254 Document 149 Filed in TXSD on 02/23/15 Page 1 of 3 Case: 15-40238 Document: 00512944487 Page: 1 Date Filed: 02/23/2015
  4. 4. /s/ Kyle R. Freeny KYLE R. FREENY (Cal. Bar No. 247857) Attorney-in-Charge HECTOR G. BLADUELL BRADLEY H. COHEN ADAM D. KIRSCHNER JULIE S. SALTMAN Civil Division, Federal Programs Branch U.S. Department of Justice P.O. Box 883 Washington, D.C. 20044 Tel.: (202) 514-5108 / Fax: (202) 616-8470 Kyle.Freeny@usdoj.gov Counsel for Defendants -2- Case 1:14-cv-00254 Document 149 Filed in TXSD on 02/23/15 Page 2 of 3 Case: 15-40238 Document: 00512944487 Page: 2 Date Filed: 02/23/2015
  5. 5. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Appeal has been delivered electronically on February 23, 2015, to counsel for Plaintiffs via the District’s ECF system. /s/ Kyle R. Freeny Counsel for Defendants -3- Case 1:14-cv-00254 Document 149 Filed in TXSD on 02/23/15 Page 3 of 3 Case: 15-40238 Document: 00512944487 Page: 3 Date Filed: 02/23/2015

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